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9/11/2007 - Council Minutes - CC Minutes Reg Meeting APPROVED BY CITY COUNCIL ON SEPTEMBER 25, 2007 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA September 11, 2007 The City Council of the City of Orange, California convened on September 11, 2007 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Jeff Hetschel, Chaplain, Orange County Fire Authority 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by City of Orange Fire Chief Bart Lewis 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - None. 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS In honor of the September 11 remembrance, Mayor Cavecche acknowledged and thanked the City of Orange Fire Department and Police Department for their service to the community. Mayor Cavecche announced the 11th Annual Inner-Coastal Watershed Clean-Up Day on Saturday, September 15th. 2. PUBLIC COMMENTS - None. Pa2:e 1 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Request Council Confirmation of warrant registers dated August 9, 16 and 21, 2007. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting August 28, 2007. (RC2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Second Amendment to Agreement No. 4151 with Shaw Environmental and Infrastructure, Inc. for the monitoring and reporting of landfill gas activity at the former Yorba landfill. (A2100.0 Agr-4151.2) SUMMARY: An amendment to continue the monitoring and reporting of landfill gas activity at Y orba under the current agreement on a month-to-month basis for one year for the monthly amount of $3,916. ACTION: Approved the Second Amendment to Agreement No. 4151; and authorized the Mayor and City Clerk to execute the amendment on behalf of the City. FISCAL IMP ACT: Funds are available to cover the cost of the agreement as follows: 100-7001-426700 Contractual Services $47,000 Pa2:e 2 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) 3.5 A Consultant Services Agreement with a private consulting firm, Willdan, to provide overflow off-site plan check services, inspection and temporary code enforcement staffing. (A2100.0 Agr-5141) SUMMARY: With the implementation of the On-The-House-Permits program, additional plan review and inspection contract staffing will be required to sustain the extra efforts necessary to manage the program in addition to the regular department work load. Also a part-time contract Code Enforcement Officer is needed until the position is filled. ACTION: Approved and authorized the Mayor and City Clerk to execute an agreement with Willdan not to exceed $70,000. FISCAL IMP ACT: Funds in the amount of $70,000 are available in the following accounts: Code Enforcement Plan Check Admin. Plan Check Admin. 100-6032-427800 - Other Contractual Services 100-6033-426700-9795 - Other Professional 100-6033-427800 - Other Contractual Services $13,000 $20,000 $37,000 (REMOVED AND HEARD SEP ARATEL Y) 3.6 Mills Act Contract No. MAC-154.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5129) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $81,210. Owner - Helms Family Trust, location: 252 N. Waverly Street. Discussion - In response to Council questions on the Mills Act Agreements in general, Community Development Director Alice Angus reported that an annual inspection is done on each Mills Act property by the Historic Preservation Planner on staff; and that there is information on each property kept on file in the Community Development Department. MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the .City of Orange and the property owner (Application No. MAC-154.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. Pa2:e 3 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: The City will incur a loss of property tax of approximately $91 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. (REMOVED AND HEARD SEP ARATEL Y) 3.7 Mills Act Contract No. MAC-155.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5130) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $123,640. Owner - Sara Chesters, location: 409 N. Shaffer Street. Discussion (see Item 3.6 for discussion) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-155.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: The City will incur a loss of property tax of approximately $473 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. Pa2:e 4 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEP ARATEL Y) 3.8 Mills Act Contract No. MAC-156.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5131) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $67,650. Owner - Donna Pyatt, location: 444 N. Shaffer Street. Discussion (see Item 3.6 for discussion) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-156.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property the estimated Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the City in the amount of $168 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. (REMOVED AND HEARD SEP ARATEL Y) 3.9 Mills Act Contract No. MAC-157.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5132) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $72,715. Owner - Susan Schmidt, location: 130 N. Harwood Street. Discussion (see Item 3.6 for discussion) Pa2:e 5 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-157.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: The City will incur a loss of property tax of approximately $217 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. (REMOVED AND HEARD SEP ARATEL Y) 3.10 Mills Act Contract No. MAC-158.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5133) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $106,710. Owner - Rory Heiman, location: 406 S. Center Street. Discussion (see Item 3.6 for discussion) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-158.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property the estimated Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the City in the amount of $336 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. Pa2:e 6 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEP ARATEL Y) 3.11 Mills Act Contract No. MAC-159.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5134) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $69,950. Owner - Lambert and Allen, location: 362 S. Pixley Street. Discussion (see Item 3.6 for discussion) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-159.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMPACT: The City will incur a loss of property tax of approximately $4 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. (REMOVED AND HEARD SEP ARATEL Y) 3.12 Mills Act Contract No. MAC-160.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5135) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $42,000. Owner - Nesbit-Hervey Trust, location: 264 S. Olive Street. Discussion (see Item 3.6 for discussion) Pa2:e 7 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-160.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: The City will incur a loss of property tax of approximately $232 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. (REMOVED AND HEARD SEP ARATEL Y) 3.13 Mills Act Contract No. MAC-161.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5136) SUMMARY: A proposal to a approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total is $144,720. Owner - Mitchell and Tara Klasna, location: 545 S. Grand Street. Discussion (see Item 3.6 for discussion) MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-161.0-07), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property the estimated Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the City in the amount of $642 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. Pa2:e 8 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) 3.14 CLAIMS (C3200.0) SUMMARY: The following claim(s) have been received and investigated by the City Attorney's Office and/or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. Robyn J. Eidenmuller b. Carol Farino c. Joshua Kirk d. Jocelyn Overly, Wilson Overly and Christopher Overly e. Nancy Lund Springer ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.15 Final Acceptance of Bid No. 067-27; SP-3530; Lincoln Avenue AHRP Project Street Rehabilitation Improvements from Berkeley Street to Tustin Street and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-5048) SUMMARY: Bid No. 067-27; SP-3530; Lincoln Avenue AHRP Project Street Rehabilitation Improvements from Berkeley Street to Tustin Street. Staff recommends acceptance of improvements. The contractor on said job was All American Asphalt. ACTION: Accepted public work improvements; authorized release of Fidelity and Deposit Company of Maryland, Bond No. 0880091 in the amount of $1,341,491.00; and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.16 Final Acceptance of Bid No. 067-48; SP-3596; Removal of Underground Storage Tanks at Fire Station No.5, No.7, Police Headquarters, and Police Substation and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-5106) SUMMARY: Bid No. 067-48; SP-3596; Removal of Underground Storage Tanks at Fire Station No.5, No.7, Police Headquarters, and Police Substation. Staff recommends acceptance of improvements. The contractor on said job was Metro Environmental Services, Inc. Pa2:e 9 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) ACTION: Accepted public work improvements; authorized release of Western Insurance Company of Nevada, Bond No. BSC20081 in the amount of $39,870.00; and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMP ACT: None. 3.17 Final acceptance of Bid No. 056-38; for Fiber Optic Traffic Signal Interconnect and Communication System project (Citywide) and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr- 4896) SUMMARY: Fiber Optic Traffic Signal Interconnect and Communication System project (Citywide). The contractor on said job was KDC INC., dba DYNALECTRIC. ACTION: Accepted completion of work and improvements; authorized release of retention funds; and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.18 Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency relating to reimbursement by the Orange Redevelopment Agency for the cost of a street monument and entry sign on Tustin Street in the vicinity of Seba Avenue; and award a contract for Bid No. 078-13 - Street Monument and Entry Sign at Tustin Street and Seba Avenue (SP-3616). (A2100.0 Agr-5137; 5138) (See related Redevelopment Agency Minutes Item No. 3.3) SUMMARY: The Cooperation and Reimbursement Agreement provides for Agency reimbursement to the City of Orange of the Agency's share of costs incurred for a street monument and entry sign located at Tustin Street and Seba Avenue in an amount not to exceed $65,000. The project cost includes: award of contract in the amount of $54,000, a 10% contingency ($5,400) and an estimated 10% for construction engineering cost ($5,400). Ten bid proposals were sold for the project with only one bid received and opened on August 16, 2007. The apparent low bidder is Elite Bobcat Service of Corona in the amount of $54,000. RESOLUTION NO. 10216 A Resolution of the City Council of the City of Orange approving a Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency relating to reimbursement by the Orange Redevelopment Agency of the cost of a street monument and entry sign on Tustin Street in the vicinity of Seba Avenue. Pa2:e 10 CITY COUNCIL MINUTES September 11, 2007 3. CONSENT CALENDAR (Continued) ACTION: 1) Adopted Resolution No. 10216; and 2) Awarded the contract in the amount of $54,000 to Elite Bobcat Service. FISCAL IMP ACT: Sufficient funds are available in the Tustin Project - Taxable Bonds Funds for this project. The Orange Redevelopment Agency will appropriate $65,000 to Account 914-9800-485100-3100 (Street Monument and Entry Sign) for construction and administration in a companion Agency agenda report. QUITCLAIMS 3.19 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 852 N. Fern Street. (D4000.0) SUMMARY: This S.A.V.I. easement has been abandoned for many years and has been offered to the property owners for their private use. ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Safehaven LLC for the S.A.V.I. easement located at 852 N. Fern Street. FISCAL IMPACT: None. MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Items 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12 and 3.13 were removed and heard separately. All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR CA VECCHE - None. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. Pa2:e 11 CITY COUNCIL MINUTES September 11, 2007 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 17-07 (FIRST READING) (Continued from August 28, 2007) (A2500.0 Ord-17-07) An Ordinance of the City Council of the City of Orange Repealing Chapter 12.64 of the Orange Municipal Code and Adding a New Chapter 12.64 Relating to Encroachments in the Public Right-of- Ways. NOTE: Staff requested a continuance of this item to no date certain. Mayor Cavecche noted that Councilmember Smith was working with staff on this Ordinance. MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to no date certain. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION NOTE: The City Council did not recess. The City Council will recess to a Closed Session for the following purposes: a. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. Pa2:e 12 CITY COUNCIL MINUTES September 11, 2007 12. ADJOURNMENT The City Council Adjourned at 4:48 p.m. There was no 7:00 p.m. Session of the September 11, 2007 meeting. The next Regular Council meeting is scheduled for September 25, 2007. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of September 11, 2007 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. {~ Pa2:e 13